Legal Question in Consumer Law in Florida

Used car question

I recently bought a car from a used car lot for 3950.00 and 3 days after having the car the transmission completely went out. After having it checked out by a mechanic he told me the transmisssion had been patched to work, and the dealer had to know that there was a problem with it.Do I have any right s as far as getting my money back from the dealer or having the dealer repair the vehicle at his cost. Any help with this matter would be greatly appreciated, Thank you


Asked on 12/28/06, 10:55 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Used car question

The answer to this may depend on whether the car was purchased "AS IS" and whether there were any warranties. If they acrually knew the transmission was bad and lied to you -- for instance -- telling you thatthere were no problems when they knew there were, then the contract could be voided for fraud in the inducement.

I would ask your mechanic to put what he said in writing (i.e. that the transmission had been patched to sell it and that anyone selling the car would have had to know).

It is, of course possible that the seller did not know. perhaps they bought it as a trade and only had it a few days. They key here is showing that they knew that the transmission was bad, but told you that it was fine.

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Answered on 12/29/06, 10:40 am


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